High Court Of ChhattisgarhMCRC/6417/2021allowed

Chinmay Pradhan v. State Of Chhattisgarh

2021-09-17Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6417 of 2021 • Chinmay Pradhan, S/o Bharat Pradhan, Aged About 19 Years, R/o Jailpara, Gorrakhai, Police-Station Belpahad, District-Jharsuguda (Orissa) (Wrongly Mentioned As Garrakhai).

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police-Station Sariya, District-Raigarh, Chhattisgarh.

---- Respondent For Applicant : Mr. Ashish Gupta, Advocate.

For State/respondent : Ms. Shivali Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/09/2021 Heard.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.157/2021 registered at Police-Station-Sariya, District-Raigarh(C.G.) for the offence punishable under Sections 20(B) of NDPS Act.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. He is in jail since 25.07.2021. No case is made out against this applicant, hence, it is prayed that this applicant may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted

that applicant is resident of Orissa, if, he is released on regular bail he may not be available for trial, which will hamper the proceeding of trial, hence, he is not entitled for grant of bail.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. 3kg ganja the narcotic substance has been seized from the possession of this applicant when the same was being transported by him on a motorcycle. Hence, this case.

6. Considered on the submissions. As there is no criminal antecedent of this applicant and there is likelihood of delay in conclusion of trial, I feel inclined to allow the application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha